The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-01-27
TIE nlNKLE-TnERBEn SUIT.


Obligation Belongs to tho Opera Co.
NRw, York, Jan. 25.-Mrs. Joannette NJ.
Thurber to-day, through her counsel,
Frank R. Lawrence, who ia also the at.
torney of the National Opera Company,
made her answer in tho suit Of A. Howard
Hinkle, OF Cincinnati, for $4,000. Mr..
Hinkle alleges that Mrs. Thurber gave
her personal guarantee for the D ayment Of
Sl2. 900 advance by him to Charles Il,
Locke when the company was In Cincin.
natl: Mrs. Thurbsr asserts that she made
the guarantee in her capacity as treasurer
Of the company, and the inference is that
the company must be looked to for the
payment. The third and fourth paragraphs
Of the complaint referred to In her an.
swer gave the details OF Mr.. Hinkle's
transactions In cashing Mr.. Locke's draft
and presenting it for payment at the Bank
Of Commerce, Of st. Louie, when It be.
came due. Mr.. Thurher's answer ia 10
this effect: ~ ~ ~
First-Admits that ION or about Noyem.
Der 20, 1886. this defendant requested the
plaintiff to cash q certain check Of one
Charles =. Locke for the sum of $4,000.
second-Denies each and every one OF
the other matters alleged and set forth in
the first paragraph OF the complaint,
Third-The defendant has neither
knowledge nor information sufficient to
form belief as to whether the draft refer
red to in the Complaint was by its terms
payable one week after its date without
grace, as to whether the said Chsrlss +.
Locke received acceptance thereof, as
alleged in the complaint 3
Fourth-Denies that the plaintiff relied
upon the defendants alleged guarantee OF
payment Of said draft, or that he did cash
the same upon the faith and credit thereof,
as alleged, in the third paragraph Of the
complaint" 3,
Filth.This defendant has neither
knoRledge nor information sufficient to
form belief ss to the matters alleged IN
the fourth paragraph Of the complaint,
save as to the giving Of notice Of non-pay-
ment or protest thereof to the defendant;
and this defendant denies that such notice
was given to her, as Is in said fourth para.
graph alleged.
L .si1th-Further, in answering the said
complaint, this defendant alleges that The
draft referred to in the complaint was
made, and the said sum OF Sl2,G 600 was ad-
vancsd to Charles Z. Locke in and about
the business and for the use OF the Amer.
ican Opera Company (limited), a corpora.
ton then and now organized and existing
under and paramount to the laws of the
State Of New York, Of which corporation
the said Charles E. Locke wae then and
therefor the general manager, and this de.
iendant was its Treasurer; ; that this de.
tendant, as such Treasurer, acting only
for and in behalf OF said American Opera
Company (limited),- and not in her
individual capacity, requested the plain
tia to cash the said draft; that defendant
said request was understood and received
by the plaintiff as being made only IN her
capacity as treasurer for said company and
not Individually; that the plaintiff in cash
ing said draft aud advancing money there
upon relied upon the credit OF said Amer.
ican Opera Company (limited), and not
upon any guarantee, promise or request
made by this defendant, and that no such
promise, request or guarantee, as is alleged
IN, the complaint, was made or given by
this defendant; wherefore defendant de-
mands that the complaint in this action
be dismissed with costs.
!, Mr.. Lawrence sa;d OF the matter: "There
is no occasion for me, to, aay anything.
The answer has already been outlined in
what has been published. II Mr.. -Hinkle
will be content with what is due him
50, ,5O0-he can get his money. II he can
get Q Judgment against Mrs. Thuber, well
and good. She, fortunately, is very we'll
able 10 pay the sum-" s., ID IN